On October 30, 2012, Samsung filed a motion to compel Apple to disclose the circumstances and timing of Apple's discovery of certain information regarding the jury foreperson. On November 2, 2012, Apple filed an opposition. At the December 6, 2012 hearing, the Court will consider the questions of whether the jury foreperson concealed information during voir dire, whether any concealed information was material, and whether any concealment constituted misconduct. An assessment of such issues is intertwined with the question of whether and when Apple had a duty to disclose the circumstances and timing of its discovery of information about the foreperson.

Samsung says foreman Velvin Hogan was asked during jury selection whether he'd been involved in lawsuits and didn't tell the judge that he had filed for bankruptcy in 1993 and had been sued by his former employer, Seagate Technology Inc.

Hogan denies that there was any misconduct saying that court instructions required disclosure of any litigation they were involved in within the last 10 years. Since the bankruptcy and related litigation involving Samsung was in 1993, it fell well outside that time range.